Trade Adjustment Assistance TAA

1
Trade Adjustment Assistance (TAA)

• Serving South Carolinas
• Trade-affected Workers
• Under the 2009 Amendments to TAA

2
What is TAA?

• Trade Adjustment Assistance is a United States
  Department of Labor training and reemployment
  program, which is administered by each state. In
  South Carolina, TAA is integrated into each of
  the states 12 Local Workforce Investment Areas
  (LWIAs).
• TAA offers training and reemployment benefits and
  services to workers whose jobs have been
  adversely affected by international trade.

3
Growth of TAA

• The prevalence of trade-affected employment has
  led to an expansion of the TAA program.
• TAA was reauthorized as a USDOL program, as part
  of the American Recovery and Reinvestment Act.
  Training funds have doubled, and participation is
  expected to increase by no less than 35.

4
Growth of TAA

• We now, essentially, have two TAA programs, with
  two different sets of operating instructions.
• South Carolina is committed to using a universal
  approach to serving participants, regardless of
  when their petitions were filed.

5
South Carolinas Response

• South Carolina welcomes the changes to TAA, as we
  believe they will help our states workforce
  system to pursue and achieve the following goals
• Engage dislocated workers immediately and
• integrate TAA and WIA services and resources and
• maximize available income support by addressing
  training needs early.

6
What you are going to see today...

• The differences in benefits and services for
  participants who are being served with petition
  s 69,999 and below (which operate under the
  2002 provisions to TAA)... and those being served
  with petition s 70,000 and above (which operate
  under the new provisions to TAA, as amended in
  2009).
• A Universal Intake Process When South Carolina
  trade-affected workers come through the door of a
  one-stop career center, the process by which they
  will be introduced to TAA and begin to receive
  TAA services will be the same, regardless of
  their petition number.
• Relevant tips and information on other on-going
  TAA issues and challenges.
• Questions, answers, comments and input. Think of
  this as a roundtable discussion.

7
Eligibility Criteria for Trade-Affected Worker
Groups

• Petitions lt 69,999

• Petitions 70,000

• Firms must have produced an item.
• Firms business must have been adversely affected
  by imports from, or a shift in production to, a
  country that is party to a free trade agreement
  with the United States.

• Firms may produce an item or provide a service.
  Public sector workers are also now eligible.
• Firms business must be adversely affected by
  imports from, or a shift in production to,
  anywhere outside of the United States.

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TAA Petition _at_http//www.doleta.gov/tradeact/
9
Filing and Tracking the Status of TAA Petitions
10
South Carolina TAA Petitions are also updated in
VOS
11
SC Trade Petition Report in VOS
12
After an investigation, DOL makes a decision.
Petition 70,035 (Schaeffler Group, Cheraw, SC)
was certified

• ... In accordance with Section 223 of the Act, 19
  U.S.C. 2273, I make the following
  certification
• All workers of Schaeffler Group USA, Inc.,
  Cheraw, South Carolina, who became totally or
  partially separated from employment on or after
  May 18, 2008, through two years from the date of
  certification, and all workers in the group
  threatened with total or partial separation from
  employment on date of certification through two
  years from the date of certification, are
  eligible to apply for adjustment assistance under
  Chapter 2 of Title II of the Trade Act of 1974,
  as amended.
• Signed in Washington, D.C., this 19th day of
  June, 2009.
•   
• /s/Linda G. Poole
• ______________________________
• LINDA G. POOLE
• Certifying Officer, Division of
• Trade Adjustment Assistance

13
TAA Intake?Our current intake process will not
adequately serve participants under both sets of
petitions (lt69,999 and 70,000)..
14
Introducing New TAA Intake of potentially
eligible workers
15
TAA Intake Chair One with SCESC/UI
StaffETA-855
16
TAA Intake Chair One with SCESC/UI
StaffETA-855-A (employer questionnaire)
17
Applicant brings a TRR-1 (Referral Form, obtained
in Chair One) toChair Two (WIA/TAA Staff)

• Petitions 70,000

• Petitions lt 69,999

18
TAA Intake continues in Chair Two (WIA/TAA
Staff)
19
VOS Individual Membership Screen
20
TAA Intake continues in Chair Two (WIA/TAA
Staff)
21
WIA and TAA Application Screens
22
Deadlines are automatically calculated, based
upon the participants Qualifying Separation Date
and Petition Number. Pay special attention to
these critical deadlines that are provided at
the end of the TAA Application.
23
TAA Intake continues in Chair Two (WIA/TAA
Staff)
24
Benefit Rights and Obligations Form
(BRO)(Petitions lt 69,999)
25
Benefit Rights and Obligations Form
(BRO)(Petitions 70,000)
26
TAA Intake continues in Chair Two (WIA/TAA
Staff)Next Steps Case Note, including
Assessment Appointment (thorough assessment
required within 60 days of Qualifying Separation
Date)
27
Case Notes Screen Next Steps
28
Sample content of a Next Steps Case Note

• Example
• Mr. Smiths Next Steps are as follows 1. Mr.
  Smith will conduct his required work searches
  this week. 2. Mr. Smith is interested in
  training, so he will also read over the Labor
  Market Information that I have provided to him,
  to see if any in-demand occupations sound
  interesting to him. 3. Mr. Smith will attend a
  resume-writing workshop on Wednesday, July 1. 4.
  Our next meeting is next week, Tuesday, July 7 at
  2 p.m. At that meeting, we will conduct a
  thorough assessment of Mr. Smiths employability,
  possible training needs, strengths and
  weaknesses.

29
Participant and TAA/WIA Staff Receive
Participants Entitlement Determination to
TAA/TRA (ETA-857)
30
Entitlement Determination to TAA/TRA (ETA-857)
31
TAA Intake continues in Chair Two (WIA/TAA
Staff)
This step can be completed without the individual
present.
32
Record Review TAA Application Screen updated,
based upon information in the ETA-857
33
Providing Services to Eligible Applicants

• The next series of slides describe a recommended
  Service Delivery plan which will assist staff,
  applicants and participants in meeting critical
  deadlines and maximizing potential benefits and
  services.
• There is flexibility in the Service Delivery
  plan, depending upon the policies of the LWIA.
• However, a comprehensive assessment of an
  applicants training and reemployment needs is
  required within 60 days of his/her Qualifying
  Separation Date.

34
Trade Adjustment Assistance (TAA) Service Delivery
(Complete if not already completed at TAA Intake
Appointment)
35
Trade Adjustment Assistance (TAA) Service Delivery
36
Create a WIA Participation Record...
37
... and a Comprehensive Assessment. Document
Code 203 in the WIA Activity Record
38
Trade Adjustment Assistance (TAA) Service Delivery
39
Complete an Individual Employment Plan...
40
... and document Code 205 in the WIA Activity
Record.
41
Trade Adjustment Assistance (TAA) Service Delivery
42
For participants with petitions number lt 69,999,
a TAA Bona Fide Application for Training must be
completed within 210 days of their Qualifying
Separation Date (to protect their eligibility for
Additional TRA, if they enter training).
43
Trade Adjustment Assistance (TAA) Service Delivery
44
If the participant is assessed to be in need of
training, issue a TAA-approved Training Plan.
45
(No Transcript)
46
TAA-Approved Training

• Petitions lt 69,999

• Petitions 70,000

• TAA training must be full-time to be approved.
• Trade-affected workers must have a qualifying
  separation date in order to receive services.

• TAA training may be full-time or part-time, but
  must be full-time in order for the participant to
  receive Trade Readjustment Allowances (TRA).
• Trade-affected workers who are threatened with
  separation may begin to receive TAA training.

47
TAA-Approved Training

• Petitions lt 69,999

• Petitions 70,000

• TAA-approved training must be on the Eligible
  Training Provider List (ETP List).
• Emphasis on aligning TAA training time frames
  with available income support (TRA). Training
  programs are limited to 104-130 weeks.

• It is recommended that TAA-approved training be
  on the Eligible Training Provider List (ETP
  List).
• Promotes accommodation of long-term training
  programs that were previously un-approvable.

(A State Instruction Letter is forthcoming that
will make the ETP List recommendation policy
universal, regardless of petition .)
48
TAA-Approved Training

• Petitions lt 69,999

• Petitions 70,000

• Applying for student financial assistance (e.g.,
  Pell, Lottery) is not explicitly required, but is
  highly recommended.
• TAA participants may use federal or state student
  financial assistance overage for living expenses,
  without compromising TRA eligibility.

• TAA Participants are required to apply for
  financial assistance (e.g., Pell, Lottery).

49
TAA-Approved Training Application

• Petitions lt 69,999

• Petitions 70,000

50
TAA-Approved Training Application (VOS
Electronic)

• Petitions lt 69,999

• Petitions 70,000

51
Transportation Assistance Application

• Petitions 70,000

• Petitions lt 69,999

52
Participant Training Agreement

• Petitions 70,000

• Petitions lt 69,999

53
If training is not appropriate or not available,
issue the participant a waiver from training.
2.
1.
54
Waiver Issuance (VOS Electronic)

• Petitions lt 69,999

• Petitions 70,000

PENDING
55
Waiver Issuance

• Petitions lt 69,999

• Petitions 70,000

56
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• 26 weeks UI
• 26 weeks - Basic TRA
• 52 weeks - Additional TRA (within 52
  weeks)
• 26 weeks Remedial TRA
• 130 weeks of TRA
• (within 130 weeks)

• 26 weeks UI
• 26 weeks - Basic TRA
• 78 weeks - Additional TRA (within 91
  weeks)
• 26 weeks Remedial or
  Prerequisite TRA
• 156 weeks of TRA
• (within 169 weeks)

57
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• Deadlines to be in TAA-approved training or have
  a waiver from the training requirement, in order
  to be eligible for Basic TRA
• 8 weeks from petition certification OR
• 16 weeks from most recent qualifying separation
  date
• (whichever is later)

• Deadlines to be in TAA-approved training or have
  a waiver from the training requirement, in order
  to be eligible for Basic TRA
• 26 weeks from petition certification OR
• 26 weeks from most recent qualifying separation
  date
• (whichever is later)

58
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• Waivers from the training requirement must be
  reviewed monthly, to determine whether the
  original reason the waiver was issued still
  exists.
• Retirement waivers from training must be reviewed
  monthly.

• Waivers from the training requirement must be
  reviewed within 3 months of their issuance, and
  then monthly thereafter, to determine whether the
  original reason the waiver was issued still
  exists.
• Retirement waivers from training do not need to
  be reviewed.

59
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• A worker has 210 days from either his/her most
  recent qualifying separation or the issuance of
  the petition certification (whichever is later)
  to complete a Bona Fide Application for Training,
  in order to preserve Additional TRA eligibility.

• A worker who is in training or on a waiver from
  training by 26 weeks from his/her most recent
  qualifying separation date or the issuance of the
  petition certification (whichever is later) will
  be eligible for Additional TRA if he/she is still
  in training upon exhaustion of Basic TRA.

60
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• Weekly income support is payable for up to 52
  weeks while a participant is enrolled in
  training.
• Weekly income support is payable for up to 26
  additional weeks for each week that a participant
  is enrolled in remedial training.

• Weekly income support is payable for up to 78
  weeks while a participant is enrolled in
  training.
• Weekly income support is payable for up to 26
  additional weeks for each week that a participant
  is enrolled in remedial or prerequisite training.

61
Trade Readjustment Allowances (TRA)

• Petitions lt 69,999

• Petitions 70,000

• A participant may not choose between receiving UI
  and TRA, if a new benefit year begins and his/her
  UI weekly benefit is lower than his/her TRA
  weekly benefit.

• A participant may choose to receive TRA instead
  of UI, if a new benefit year begins and his/her
  UI weekly benefit is lower than his/her TRA
  weekly benefit.

62
Job Search Allowances

• Petitions lt 69,999

• Petitions 70,000

• 90 of necessary and reasonable job search
  expenses (i.e. meals, lodging and mileage) may be
  refunded up to a maximum amount of 1,250.

• 100 of necessary and reasonable job search
  expenses (i.e. meals, lodging and mileage) may be
  refunded up to a maximum amount of 1,500.

63
Job Search Allowances

• Petitions lt 69,999

• Petitions 70,000

64
Relocation Allowances

• Petitions lt 69,999

• Petitions 70,000

• 90 of reasonable and necessary relocation
  expenses may be reimbursed.
• A lump sum stipend may be paid up to a maximum of
  1,250.

• 100 of reasonable and necessary relocation
  expenses may be reimbursed.
• A lump sum stipend may be paid up to a maximum of
  1,500.

65
Relocation Allowances

• Petitions lt 69,999

• Petitions 70,000

66
Health Coverage Tax Credit (HCTC) same benefit
for all petitions

• Subsidy of 80 of monthly health insurance
  premiums will be provided either monthly or at
  the end of the year in the form of a tax credit.
• TRA-eligible, ATAA, RTAA, and PBGC participants
  will receive an application from HCTC and SCHCTC.

67
HCTC how does eligibility work?

• An individual is determined eligible for TRA,
  ATAA, or RTAA (or is a PBGC beneficiary).
• SCESC electronically transmits the individuals
  TRA, ATAA, or RTAA eligibility information to the
  IRS (for HCTC purposes) and to SCHCTC (which
  provides an interim 80 supplement until HCTC
  kicks in). (PBGC transmits eligibility
  information separately for its recipients.)
• The individual receives two application packets
  one for HCTC (from the IRS) and one for SCHCTC
  (from the state of Maryland bridge grant).
• The individuals eligibility will continue to be
  electronically transmitted to the IRS until
  he/she is no longer eligible for TRA, ATAA or
  RTAA.

68
Wage Subsidy for Older Workers

• Petitions lt 69,999

• Petitions 70,000

• Alternative Trade Adjustment Assistance
• Worker must be in qualifying reemployment within
  26 weeks of trade-affected separation.
• Qualifying employment wages cannot exceed 50,000
  per year.

• Reemployment Trade Adjustment Assistance
• Worker must be in qualifying reemployment within
  2 years of exhaustion of UI benefit.
• Qualifying employment wages cannot exceed 55,000
  per year.

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Wage Subsidy for Older Workers

• Petitions lt 69,999

• Petitions 70,000

• New employment can be full-time or part-time (at
  least 20 hours per week).
• (Worker must be enrolled in
• full-time TAA-approved training.)
• Payments for two years or 12,000, whichever
  comes first.
• RTAA participants are not disqualified from other
  TAA benefits and services
• (However, a participant may not
• receive TRA after receiving RTAA.)

• New employment must be full-time employment (at
  least 30 hours per week).
• Payments for two years or 10,000, whichever
  comes first.
• ATAA participants are disqualified from all other
  TAA benefits and services.

70
Wage Subsidy for Older WorkersReceiving TRA
before RTAA Petitions 70,000

• For example
• A participant receives 20 weeks of TRA, prior to
  RTAA participation.
• His/her RTAA-eligible weeks (which begin counting
  down from the first day of reemployment) are
  reduced from 104 weeks (2 years) to 84 weeks.
• His/her RTAA maximum benefit is reduced from
  12,000 to 9,660 (12,000/104 115, and 115 x
  84 weeks 9660).

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Wage Subsidy for Older Workers

• Petitions lt 69,999

• Petitions 70,000

72
Wage Subsidy for Older Workers ATAA RTAA
Activity Code (280) is automatically created in
VOS within 90 days of the participant receiving
his/her first wage subsidy check. Waiver is
automatically revoked.
73
Interstate ParticipantsHelp! This participant
just moved here from (insert-name-of-state-here)!
What do I do?

• South Carolina is ever becoming home to more and
  more individuals and families from all over the
  United States what a testament to the greatness
  of our state!

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Agent State and Liable State

• For a participant who is seeking services in
  South Carolina, but whose UI/TRA claim is in
  another state, SC acts as the Agent State. We
  will be handling case management and training
  costs for him/her.
• The state where the participant was laid off...
  the state where his/her UI/TRA claim is... is
  called the Liable State.

75
Chair One for an Agent State participant

• If the participant has not already requested a
  determination of eligibility from the Liable
  State, he/she must visit Chair One (ESC/UI
  staff) in South Carolina. ESC staff is
  responsible for transmitting the participants
  request for determination of eligibility to the
  Liable State.

76
Chair Two (TAA/WIA Staff) for an Agent State
participant

• From this point forward, SC TAA/WIA staff will
  serve this participant very similarly to a South
  Carolina participant. However, the following
  items must be communicated to the Liable State
  (remember that the Liable State is paying
  TRA...)
• Waivers and Waiver Reviews
• TAA-approved Training Plans (plans must be
  approved by the Liable State)
• TAA Training Attendance Sheets
• (Usually, the Liable State will also tell the
  participant if there is anything else that is
  required!)
• Sometimes, an Agent State participant will come
  in to a one-stop career center after he or she
  has already received a determination of
  eligibility from the Liable State. He or she may
  even already be in training or have a
  waiver-from-training. It is important that the
  participants record in VOS mirror the dates that
  are on the documentation that the participant
  brings with him/her from the other state.

77
Interstate ParticipantsHelp! One of my TAA
participants just moved to another state! What
do I do?

• If South Carolina is the Liable State (paying the
  participants UI/TRA), then the participants
  file will begin to be managed at the State Level
  (by the State TAA Coordinator).
• Transfer the participant to TAA Interstate
  (Region 97) just as though you were transferring
  the participant to another LWIA. Then, mail or
  email the hard file to the State TAA Coordinator.

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In Summary Today, we have covered...

• The differences in benefits and services for
  participants who are being served with petition
  s 69,999 and below... and those being served
  with petition s 70,000 and above.
• A Universal Intake Process When South Carolina
  trade-affected workers come through the door of a
  one-stop career center, the process by which they
  will be introduced to TAA and begin to receive
  TAA services will be the same, regardless of
  their petition number.
• Relevant tips and information on other on-going
  TAA issues and challenges.

79
Lets discuss...